Interesting article that in my opinion goes to two issues:
1 – in fairness, the safety glass was mandatory, and while I think a judge making assumptions on what people know and don't know is dangerous, the glass was made mandatory some 7 years prior to the incident occurring, along with the alleged break-ins etc. Ok, fair call.2 – It goes to the responsibility of the tennants for their own actions and safety. Why should a landlord be responsible for someone else's actions, stupid clumsy or otherwise? This will have a nasty impact on landlord's insurance down the line. Just another expense that will ultimately get passed on to the renter and keep rent prices higher than what they could be.
Dangerous precedent to set I believe..one of so many at the moment.
Here is what the report says:
"In April 2005, a tenant of a rental property in Ashfield was seriously injured after his hand struck and shattered the large glass panel that formed part of the front door. "
I wonder if this is what actually happened, and if so, thanks very much Mister Tenant for maliciously damaging the property and then suing for it:
"In April 2005, a tenant of a rental property in Ashfield was seriously injured after
his hand struck and shatteredhe punched the large glass panel that formed part of the front door. "Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
they have been fined for $840000 in total….. does that mean the landlord have to pay some of the fine? or does it cover by the insurance?
i am so concerned. the agent they mentioned, it is my current managing agent. should I change ?Why would you stay with an agent that is known to use shonky tradespeople?
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
i only just found out about it today. i will write a termination letter to them today.
Run!
The managing agent had to pay the bulk of it. It is a large amount to be paid out. It seems that they did works on the property but did not replace that. Maybe the judge took that into account.
JacM good one!
It's true that this will end up passed on.
My son drove his toy car through a window at our previous property (he was not hurt) and I had to pay through the nose as the window had to be replaced with safety glass as it was adjoining a door. The tradesman refused to fit anything else, I didn't really squabble as we had already had one accident why have another. But legitimate trade…not joe handyman.
Check what trades your PM is using and be aware of all repairs and how they were handled. If people don't care about the property and are cheapskates this is what happens. I'm not saying the tenant was completely blameless but crap landlords and crap PM's exist.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Mebuymore wrote:i only just found out about it today. i will write a termination letter to them today.Another way of looking at it is that they will be likely to be much more careful in the future, whereas other agents may not be as aware of the dangers.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There was another recent case in the NSWDC involving a landlord, Giovenco v Dick [2010] NSWDC 4.
Exposed wire on the roof from a disconnected solar heater killed a person and the landlord and plumber were ordered to pay approx $800k to the widow,
see http://www.lawlink.nsw.gov.au/dcjudgments/2010nswdc.nsf/2010nswdc.nsf/WebView2/C018EE676B0636F9CA2576C40011825A?OpenDocumentTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It does make for interesting reading. From a technical aspect (from memory but I could be mistaken), any glazed pane in a door or adjacent to a door which exceeds 1m2 is required under current building regs to be safety glass. So would a prudent landlord replace every old glazed door or sidelight without cause or only replace them when they need a pane replaced? And in waiting, does the landlord/managing agent take a risk? And does the managing agent absolve themselves of the risk if they recommend changing the glass but the owner does not agree?
Safer to just invest in shares maybe????
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
REITs
The solar heater one was bad.
Pretty crap that hand guy got the same money as the widow.
Good points to think about.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Me$800k + seems a lot. I wonder if workcover or TAC would have that level of liability for a hand injury of that nature.
Andrew
itsandrew
Go as far as you can see and you will see further.
Well TAC don't.
My dad had a pretty bad crash in Feb. He was run into by some bimbo using a mobile phone in an 80 km zone on windy roads. His hand punched through the windscreen. He severed tendons and had his hand repaired, physio etc. There is no 800k for him.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email Me
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